Illinoisans who buy a dog or cat from a pet store only to find out the animal is seriously ill would have additional legal protection under a proposal making its way through the General Assembly.

Senate Bill 1639 — also known as the “puppy lemon law” — gives pet buyers legal recourse when they find the dog or cat they just bought is sick. The bill passed out of the Senate 31-18 earlier this month.

Rep. Mike Zalewski, D-Chicago, said he signed on as House sponsor after having bought animals from pet stores in the past that turned out to be seriously ill.

“In that situation, you’re really torn about what to do as a consumer and as a pet lover,” Zalewski said. “What do you do when the puppy has a disease? The law doesn’t really allow pet store buyers much of an alternative now. This would.”

Twenty other states have adopted similar laws.

Under Illinois’ measure, consumers would have three options: choose to keep the pet and be reimbursed for veterinary fees up to a certain amount, return the pet for a refund, or return the pet for another of similar value.

There would be a 21-day window to act if the dog or cat becomes ill. If the pet has a serious congenital or hereditary problem that adversely affects its health, it would have to be evident within the first year after purchase.

For the claim to be valid, a veterinarian also has to verify that the animal died or became sickly within those time frames.

Shelters excluded

Much of the debate on the Senate floor came from lawmakers such as Sen. Dale Righter, who questioned why animal shelters wouldn’t be subjected to the same standards as pet stores.

The Mattoon Republican argued providing protection only to consumers who can afford to purchase pets from pet stores is unfairly excluding people who adopt from animal shelters.

Zalewski said the bill is designed to protect consumers, not deter shelters or not-for-profit humane organizations from continuing their work in finding homes for abandoned or abused animals.

“Shelters offer sort of a benevolent purpose,” Zalewski said. “Not to say pet stores don’t have the best interests of the pets in mind, but they also are there to provide a sale transaction.”

Jane McBride, president of Illinois Humane, said the not-for-profit organization based in Springfield rescues animals, regardless of their condition, and tries to provide them with homes.

As a charitable nonprofit, the organization relies on donations and adoption fees, she said.

“Who we really are answering to are our dogs, our volunteers, our donors. If (the donors) see any kind of problem, you can bet they’re raising questions,” McBride said. “In order to successfully raise money, you have a public image to maintain.”

Page 2 of 2 - Illinois Human’s adoption contract gives a seven-day time frame in which the organization will accept the animal back with a full refund. If the owner wishes, veterinary services also will be provided within the one-week window for conditions that may have been contracted while in the shelter’s custody, though not for chronic conditions such as diabetes or cancer.

Both shelters and pet stores already have to disclose an animal’s medical history. But because shelters often take in strays, not all of the medical information may be known, so they’re required to provide it to the best of their abilities.

The overall goal of the “puppy lemon law” is to protect consumers and the animals involved, McBride said, as well as put pressure on pet stores to work with reliable, safe breeders.

“(With this bill), we’re not going after every breeder on the planet. We’re going after the people who are moving animals coming from substandard care,” she said.

Tweaks expected

The bill is expected to reach the House floor before the end of the month.

However, some changes will be made, said Chuck Vaughn, a lobbyist involved in the negotiations. Vaughn represents Happiness Is Pets, a pet store chain in the Chicago area.

With agreement on the latest amendments, aimed at holding both the consumers and the stores more accountable, Vaughn said his organization is now onboard.

For example, if a store sells a pet that turns out to have highly contagious parvovirus or distemper or any other potentially life-threatening diseases, the store would have to notify any other consumer who purchased a pet from the business 21 days prior.

Under the bill’s current language, recent customers would have to be notified only if a quarantine is ordered, Vaughn said. The 21-day time frame was agreed upon because the incubation period for these viruses is about 10 to 14 days, he said.

Another change is that owners will be reimbursed veterinarian fees equal to the original price of the animal, rather than twice the amount, which was thought to be unfair by pet stores, Vaughn said.

The pet store also can offer its own warranty, and the consumer can choose between that and the warranty required by the state, if the store discloses to the customer there’s an alternative available.